ALJ Removed From Office

January 27, 2016

From a recent NOSSCR bulletin:

Substantial evidence supported the decision of the Merit Systems Protection Board (MSPB) which found that an ALJ’s failure to acceptably manage his cases provided good cause for his removal.  The presiding ALJ assessed the ALJ’s productivity and concluded that cases assigned to the ALJ were the same or similar to all other judges in the region, yet “despite the extraordinary efforts to assist him, to mentor him, and to train him” the ALJ performed fewer than 200 cases per year, far below the average of approximately 600 cases per year for judges in the ALJ’s hearing office and region.  The Board’s decision to remove the ALJ for good cause was affirmed by the federal court.

This update is an interesting accompaniment to last week’s post about the lengthy wait times for hearings.

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